How to Fight False Allegations of a Sex Crime in Illinois. Sex crimes are often considered some of the worst offenses by society. But what about false allegations? False allegations not only diminish the legitimacy of true allegations but also have the potential to drastically affect the alleged offender’s life negatively.
Today, we’ll look at how to fight false sex crime allegations in Illinois, including:
- When to contact a defense attorney
- Evedence collection
- Defense strategies
- Mistakes to avoid
At Combs Waterkotte, we’re experts on defending false sex crimes in Southern Illinois, and we will fight to have your case dismissed. And if the case does go to trial, we’re ready to stand by your side the whole way, fearlessly. Don’t wait until it’s too late, call our Southern Illinois criminal defense attorneys at (314) 900-HELP or contact us online today to start protecting your rights.
Contact an Experienced Southern Illinois Sex Crimes Attorney Right Away
As the heading says, it’s important to contact an experienced Southern Illinois sex crimes defense lawyer as soon as you learn about the allegations. Don’t try to clear it up on your own, as even when you are innocent, your actions might be misinterpreted and used against you.
Even before an arrest or charge is made, it’s important to start building your defense.
If brought in early enough, your attorney can argue for charges to be dropped or dismissed, avoiding a trial entirely.
Collect Evidence to Defend Against the Sex Crime Charge
Evidence collection is critical in any defense, even more so in false sex crime allegations. It’s unfortunately not going to be enough just to tell your side of the story. But where do you start?
There are several different types of evidence that you can use in your defense. The key link between them all is that they will help either A. Demonstrate your innocence, or B. Weaken the false accusation.
Physical Evidence
Physical evidence commonly includes DNA and records of the alleged victim’s injuries. DNA is a powerful form of evidence that can strengthen your alibi by proving you were not at the scene of the alleged crime. Records of injuries can be interpreted in many ways, so gathering context surrounding any is key.
Digital Evidence
Digital evidence might include GPS tracking data or cell phone records. This can help prove where you were at the time of the alleged incident, or discredit the accusor’s intentions.
Witness Testimony
Witnesses can be eyewitnesses, character witnesses, or expert witnesses. Eyewitnesses can help clarify the truth of what happened. Character witnesses can bolster your image as someone who wouldn’t commit a sex crime. And expert witnesses can help tear down shaky evidence against you.
Procedural Evidence
Procedural evidence is a bit different, since it has more to do with how the state conducted its investigation and prosecution. If there were errors with how the other evidence was processed, or how the trial was conducted, procedural evidence can help exonerate you.
For example, if the state found physical evidence through an unlawful search and seizure, that evidence is not admissible in court. Or, in the case of DNA, it’s always possible that the lab will make an error that ties you to the alleged offense – this can happen if something went wrong in the chain of custody.
Evidence Key Takeaways
To summarize, here are the major types of evidence that might be helpful:
- Physical Evidence – e.g. DNA and medical reports
- Digital Evidence – e.g. GPS data and text messages
- Witness Testimony – including eyewitnesses, experts, and character witnesses
- Procedural Evidence – any notes about how the state collected their evidence
A lawyer can also help with evidence collection – here at Combs Waterkotte, we use an extensive network of investigators to help collect and analyze evidence. Work with a lawyer who helps you build your defense from the ground up.
Defense Strategies for False Sex Crime Allegations in Southern Illinois:
A top Southern Illinois criminal defense attorney will consider several defense strategies for your case. Some common ones for false sex crime allegations include:
- Insufficient Evidence – For false accusations in particular, evidence is likely to be lacking. Your attorney can argue for the charges to be dismissed in this case.
- Alibi – Using any of the evidence types from above to show that you were not at the scene at the time of the alleged crime.
- Consent – Arguing that while the action did occur, it was done with consent. This can be trickier, but it can be done with strong evidence pointing to the alleged victim’s frame of mind.
- Mistaken Identity – Unfortunately, the victim or witness of a crime can make a mistake when identifying the alleged offender.
- Procedural Flaws – Sometimes, the state makes mistakes in how it treats suspects. If your constitutional rights were violated, a lawyer can argue for the charges to be dismissed.
What NOT To Do If You’re Falsely Accused of a Sex Crime in Southern Illinois
Now that we’ve looked at some of the things you should do if you’re falsely accused of a sex crime in Illinois, let’s talk about things to avoid:
Don’t #1: Volunteer Information to the Police
While you may be well meaning, anything you say can and will be used against you. Even though you’re innocent, the police might misinterpret your statements, or come to the wrong conclusions. Police are trying to build a case against you – not prove your innocence.
Don’t #2: Contact the Alleged Victim
Again, while you might not intend anything wrong, contacting the alleged victim can appear to be tampering or intimidation. It’s unfortunate, but trying to clear things up this way can end up doing more harm than good.
If there’s an order of protection or no-contact order in place, or if staying away from the alleged victim is part of your bail conditions, violating those can result in even more criminal charges.
Don’t #3: Keep Information From Your Defense Attorney
Remember, your conversations with your defense attorney are privileged and confidential, so there’s no reason to keep any secrets. If there’s anything you can think of that might be relevant to your case, for better or worse, tell your lawyer early on to avoid a nasty surprise later.
Let Combs-Waterkotte Fight the False Sex Crime Allegations Against You
Combs-Waterkotte are expert sex crime defense lawyers in Southern Illinois. We defended over 10,000 cases, including false sexual assault claims. With a proven track record and over 60 years of combined legal experience, you’re getting support from a team with a long history of victories.
Don’t wait to start your defense – call us right away at (314) 900-HELP or reach out online for a free, confidential consult. We won’t stop fighting until you’ve gotten the justice you deserve.
